Modifications etc. (not altering text)
C1Pt. X (ss. 173-194) excluded (19.2.2001) by 2000 c. 11, ss. 7(7), 8(1)(f)(ii); S.I. 2001/421, art. 2
C2Pt. 10 extended (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 12(6)(e)
C3Pt. 10 extended (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 3 para. 4(4)(e) (with Sch. 8)
C4Pt. 10 extended (12.2.2015) by Counter Terrorism and Security Act 2015 (c. 6), s. 52(5), Sch. 4 para. 4(4)(e)
C5Pt. 10 extended (20.12.2023) by National Security Act 2023 (c. 32), s. 100(1), Sch. 9 para. 4(5)(e) (with s. 97); S.I. 2023/1272, reg. 2(b)
(1)This section applies where a party wishes—
(a)to appeal to the [F2Sheriff Appeal Court] under section 191(1) of this Act by bill of suspension against a conviction or by advocation against an acquittal, or
(b)to appeal to the [F3Sheriff Appeal Court] against, or to bring under review of the [F3Sheriff Appeal Court], any other decision in a summary prosecution by bill of suspension or by advocation.
(2)The party must lodge the bill of suspension or bill of advocation within 3 weeks of the date of the conviction, acquittal or, as the case may be, other decision to which the bill relates.
(3)The [F4Sheriff Appeal Court] may, on the application of the party, extend the time limit in subsection (2).
(4)An application under subsection (3) must—
(a)state—
(i)the reasons why the applicant failed to comply with the time limit in subsection (2), and
(ii)the proposed grounds of appeal or review, and
(b)be intimated in writing by the applicant to the other party to the prosecution.
(5)If the other party so requests within 7 days of receipt of intimation of the application under subsection (4)(b), the other party must be given an opportunity to make representations before the application is determined.
(6)Any representations may be made in writing or, if the other party so requests, orally at a hearing; and if a hearing is fixed, the applicant must also be given an opportunity to be heard.]
Textual Amendments
F1S. 191A inserted (30.10.2010) by Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (asp 15), ss. 6(1), 9 (with s. 6(2))
F2Words in s. 191A(1)(a) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 21; S.S.I. 2015/247, art. 2, sch. (with art. 6)
F3Words in s. 191A(1)(b) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 21; S.S.I. 2015/247, art. 2, sch. (with art. 6)
F4Words in s. 191A(3) substituted (22.9.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), sch. 3 para. 21; S.S.I. 2015/247, art. 2, sch. (with art. 6)